The Educational Endowments (Strathclyde Region) Transfer Scheme Order 1996

Paragraph 7

SCHEDULE 3 AMENDMENTS OF GOVERNING INSTRUMENTS

Lanarkshire Educational Trust Scheme 1936

1.—(1) The Lanarkshire Educational Trust Scheme 1936(1) shall be amended in accordance with this paragraph.

(2) Subject to the following provisions of this paragraph, for the words “the County Council”, wherever they appear in the Scheme, except in the phrases “the County Council of the County of Lanark” and “the County Council of Peeblesshire”, substitute “North Lanarkshire Council”.

(3) For section 4 substitute—

(1) North Lanarkshire Council shall constitute a committee of the Council called the Educational Trust Committee, which shall be composed of 3 persons nominated by the Council and 3 persons nominated by South Lanarkshire Council.

(2) All business under this Scheme shall stand referred to the Educational Trust Committee, and North Lanarkshire Council before exercising any power conferred upon them by this Scheme and not delegated under sub-paragraph (3) shall, unless the matter is urgent, obtain the advice of the Educational Trust Committee on the matter.

(3) North Lanarkshire Council may delegate to the Educational Trust Committee any or all of their powers under this Scheme.”.

(4) In section 25—

(a) after “themselves” insert “or South Lanarkshire Council”; and

(b) for “they” substitute “either Council”.

(5) In section 27—

(a) after “themselves” insert “or South Lanarkshire Council”; and

(b) for “the County Council” where second occurring substitute “either Council”.

(6) In section 35, for “the said County Council” substitute “The Scottish Borders Council”.

(7) In section 36, for “the County Council of Peeblesshire” substitute “The Scottish Borders Council”.

(8) In section 37—

(a) for “the County Council” where second occurring substitute “North Lanarkshire and South Lanarkshire Councils”; and

(b) for “the County Council of Peeblesshire” substitute “The Scottish Borders Council”.

(9) In section 38, for the definitions of “The County” and “The County Council” substitute—

““The County” means the area of the former County of Lanark including the burghs situated in it but not including the area of the former County of the City of Glasgow, as those areas existed immediately before 16th May 1975;

“North Lanarkshire Council” means that Council acting as governing body of the Lanarkshire Educational Trust:”.

Ayrshire Educational Trust Scheme 1936

2.—(1) The Ayrshire Educational Trust Scheme 1936(2) shall be amended in accordance with this paragraph.

(2) Subject to the following provisions of this paragraph, for the words “the County Council”, wherever they appear in the Scheme, substitute “each Council”.

(3) In section 2(3)—

(a) for paragraph (a) substitute—

“(a) 5 persons to be elected by East Ayrshire Council being members of that Council or non-councillor members of its education committee:

(aa) 5 persons to be elected by North Ayrshire Council being members of that Council or non-councillor members of its education committee:

(ab) 5 persons to be elected by South Ayrshire Council being members of that Council or non-councillor members of its education committee:”; and

(b) delete paragraphs (f) to (j).

(4) For section 5 substitute—

(1) The election of governors by each Council may be by the Council themselves or may be delegated to a committee of the Council.

(2) Each governor elected by a Council shall, subject to section 8 of this Scheme, hold office until the next ordinary election of councillors of that Council.”.

(5) In section 8(1), delete the words from “provided always” to the end.

(6) In section 32(5), for “the County” substitute “any relevant”.

(7) In section 52, for the definitions of “The County” and “The County Council” substitute—

“The County” means the area of the County of Ayr and the burghs situated in it, as that area existed immediately before 16th May 1975;

“Council” means any of East Ayrshire, North Ayrshire or South Ayrshire Councils;

“education committee” means a committee of a Council to which section 124 of the Local Government (Scotland) Act 1973(3) applies.

(8) In the First Schedule, in paragraph 1, in the first column for the words “County Council” substitute “The Councils, each receiving the part of the total sum applicable to schools in their area”.

(9) In the Second Schedule, in the entry relating to the MacCallum Bursary, in column (5) for the words “the Provost, Magistrates and Councillors of the Burgh of Maybole” and “the said Provost, Magistrates and Councillors” (twice) substitute in each case “South Ayrshire Council”.

Renfrewshire Educational Trust Scheme 1961

3.—(1) The Renfrewshire Educational Trust Scheme 1961(4) shall be amended in accordance with this paragraph.

(2) Subject to the following provisions of this paragraph, for the words “the County Council”, wherever they appear in the Scheme, substitute “each Council”.

(3) In section 2, for paragraphs (b) to (e) substitute—

“(b) three persons to be elected by East Renfrewshire Council being members of the Council or non-councillor members of its education committee;

(c) three persons to be elected by Inverclyde Council being members of that Council or non-councillor members of its education committee;

(d) five persons to be elected by Renfrewshire Council being members of that Council or non-councillor members of its education committee;

(e) one person to be elected by the governing body (excluding for this purpose any person previously so elected) from among ministers of religion officiating in the County other than ministers of the Church of Scotland;”.

(4) For section 4 substitute—

(1) The election of governors by each Council may be by the Council themselves or may be delegated to a committee of the Council.

(2) Each governor elected by a Council shall, subject to section 6, hold office until the next ordinary election of councillors of that Council.”.

(5) For section 18(1)(f) substitute—

“(f) they shall pay to Inverclyde Council the sum of £194 to be expended by that Council in such manner as they think most beneficial to the students attending James Watt College, Greenock;

(ff) they shall pay to the three Councils a total of £1,262 to be expended by them on prizes in accordance with section 47, the amount paid to each Council being the total of the sums to be expended annually on prizes for persons attending educational establishments in their area, as those sums are stated in column (4) of the Seventh Schedule;”.

(6) In section 47(1) for the first sentence substitute—

• “Each Council shall expend the amount paid to them under section 18(1)(ff) in awarding annually the prizes described in the Seventh Schedule which are for persons attending educational establishments in their area.”.

(7) In section 47(6), for the words “in the County” substitute “in their area”.

(8) In section 49(1)—

(a) for the definitions of “County” and “County Council” substitute—

““County” means the area of the former County of Renfrew and the burghs situated in it, but does not include any part of the area of the former County of the City of Glasgow, as those areas existed immediately before 16th May 1975;

“Council” means any of East Renfrewshire, Inverclyde or Renfrewshire Councils.”.

(b) after the definition of “date of the Scheme” insert the following definition:—

““education committee” means a committee of a Council to which section 124 of the Local Government (Scotland) Act 1973 applies;”.

(9) In the Third Schedule—

(a) in the entry in column (2) for payment 7, for “the County Council” substitute “Renfrewshire Council”;

(b) for the entry in column (2) for payment 8 there shall be substituted—

• “The governing body shall each year pay to East Renfrewshire Council the sum of £7.00, Inverclyde Council the sum of £7.00 and Renfrewshire Council the sum of £13.50, to be expended by each Council in awarding grants to pupils who are attending schools in their area and who require financial assistance to enable them to attend a school camp.”; and

(c) in the entry in column (2) for payment 9, for “the County Council” substitute “the Council for the relevant area”.

Bute Educational Trust Scheme, 1961

4.—(1) The Bute Educational Trust Scheme, 1961(5) shall be amended in accordance with this paragraph.

(2) For the words “County Council”, wherever they appear in the Scheme, substitute “Council”.

(3) For section 2 substitute—

The business of the endowment may be conducted by the Council themselves or may be delegated to a committee of the Council.”.

(4) In section 17, for the definition of “County Council” substitute—

““Council” means Argyll and Bute Council acting as governing body of the Bute Educational Trust.”.

County of Argyll Educational Trust Scheme, 1960

5.—(1) The County of Argyll Educational Trust Scheme, 1960(6) shall be amended in accordance with this paragraph.

(2) For the words “County Council”, wherever they appear in the Scheme, substitute “Council”.

(3) For section 4(1) and (2) substitute the following subsection:—

The business of the Education Trust may be conducted by the Council themselves or may be delegated to a committee of the Council.”.

(4) In section 44(1), for the definitions of “County” and “County Council” substitute—

““County” means the area of the former County of Argyll and the burghs situated in it, as that area existed immediately before 16th May 1975;

“Council” means Argyll and Bute Council acting as governing body of the County of Argyll Educational Trust;”.

Spier’s Trust Scheme 1978

6.—(1) Spier’s Trust Scheme 1978(7) shall be amended in accordance with this paragraph.

(2) In paragraph 2(1), for the definition of “Council” substitute—

““Council” means North Ayrshire Council acting as the governing body of Spier’s Trust, and”.

(3) In paragraph 16, for “the Region of Strathclyde” substitute “any local government area lying wholly or partly within the area of benefit”.

Scheme for the Administration of the Strathclyde Schools Orchestra Trust

7.—(1) The Scheme for the Administration of the Strathclyde Schools Orchestra Trust(8) shall be amended in accordance with this paragraph.

(2) For the words “the Regional Council”, wherever they appear in the Scheme, substitute “the Council”.

(3) For the definition of “The Regional Council” substitute—

““The Council” means City of Glasgow Council acting as Trustees of the Strathclyde Schools Orchestra Trust.”.

(4) For the definition of “The Strathclyde Schools Orchestra” substitute—

• ““The Strathclyde Schools Orchestra” shall mean the Orchestra, established by the former Strathclyde Regional Council under that name and now administered by the Council, which derives its members by annual competition amongst those pupils attending schools within the area of the former Strathclyde Region (whether under the management of an education authority or otherwise) who excel in instrumental music: provided that it shall be competent for the Council to change the name of the Orchestra, with consent of the other education authorities for the said area, without prejudice to the application to it of this Scheme.”.

The Colonel Maclean Trust Scheme 1980

8.—(1) The Colonel Maclean Trust Scheme 1980(9) shall be amended in accordance with this paragraph.

(2) For the words “Regional Council”, wherever they appear in the Scheme, substitute “Council”.

(3) In paragraph 2(1)—

(a) for the definition of “Regional Council” substitute—

““Council” means City of Glasgow Council acting as governing body of the Colonel Maclean Trust;”; and

(b) for the definition of “area of benefit” substitute—

““area of benefit” means the area of the former Strathclyde Region as it existed immediately before 1st April 1996.”.

(4) For paragraph 4 substitute—

“4.   The business of the trust may be conducted by the Council or any or all of that business may be delegated to a committee or sub-committee of the Council.”.

Logan and Johnston School Scheme 1988

9.—(1) The Logan and Johnston School Scheme 1988(10) shall be amended in accordance with this paragraph.

(2) In paragraph 2(1)—

(a) for “Strathclyde Regional Council” substitute “City of Glasgow Council”; and

(b) for “Strathclyde Region” substitute “the area of the former Strathclyde Region as it existed immediately before 1st April 1996”.

(3) For paragraph 3 substitute—

“3.   For the purpose of carrying the provisions of this scheme into effect the Council shall be the governing body of the Endowment.”.

(4) In paragraph 11(2)—

(a) for “Region of Strathclyde” substitute “City of Glasgow”; and

(b) delete the words “Glasgow Division, Strathclyde Regional Council”.

The Glasgow Educational and Marshall Trust Scheme 1936 to 1991

10.—(1) The Glasgow Educational and Marshall Trust Scheme 1936 to 1991(11) shall be amended in accordance with this paragraph.

(2) In section 3(2)—

(a) for paragraph (i) substitute—

“(i) Six persons to be elected by City of Glasgow Council, who may be members of that Council or non-councillor members of its education committee or officers of that Council.”.

(b) delete paragraph (ii).

(3) In section 5(1), at the end delete the full stop and add—

• “: provided that the election of governors by City of Glasgow Council may be by the Council themselves or may be delegated to a committee of the Council.”.

(4) For section 6(1), substitute—

“(1) Subject to the provisions of subsection (3) below and section 7 of this Scheme—

(a) the governors elected by City of Glasgow Council shall hold office until the next ordinary election of councillors of that Council; and

(b) the remaining governors shall hold office for periods of five years from and after the termination of the periods of office of their predecessors.”.

(5) In section 6(2), delete paragraphs (a) and (b).

(6) In section 7(1), delete the words from “provided always” to the end.

(7) In section 37, delete the words “Regional Council”.

(8) In section 49(1)—

(a) delete the definition of “The Regional Council”; and

(b) after the definition of “the date on which this Scheme comes into effect” insert—

““education committee” means a committee to which section 124 of the Local Government (Scotland) Act 1973 applies;”.

(1)

Approved by Order in Council dated 2 February 1937, amended by S.I. 1967/1281.

(2)

Approved by Order in Council dated 22nd October 1937.

(3)

1973 c. 65; section 124 was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 31.

(4)

Approved by Order in Council dated 26th May 1961, amended by S.I. 1965/1135 and 1974/1666.

(5)

Approved by Order in Council dated 26th May 1961, amended by the Bute Educational Trust (Amendment) Scheme 1969.

(6)

Approved by the Court of Session by interlocutor dated 26th January 1962.

(7)

S.I. 1978/645.

(8)

Dated 1st March 1979 and registered in the Books of Council and Session on 14th May 1979.

(9)

S.I. 1981/40.

(10)

Made by Strathclyde Regional Council on 6th April 1988.

(11)

Approved by the Court of Session by Interlocutor dated 28th June 1991.